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Judgment
21 paragraphs · 365 wordsS.K. Sahoo, J
This matter is taken up by video conferencing mode.
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with Special Case No.80 of 2020 arising out of Keonjhar Town P.S. Case No.219
of 2020 pending in the Court of learned Addl. Sessions Judge â€"cum- Special Judge, Keonjhar for offences punishable under sections 363/366/376(2)
(n) of the Indian Penal Code read with section 6 of the POCSO Act.
The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge â€" cum- Special Judge, Keonjhar which was
rejected on 17.12.2020.
On instruction from the Investigating Officer as per the order dated 08.06.2021, the learned counsel for the State submitted that the victim has not
delivered any child but during course of investigation, it appears that the foetus has been sent to S.F.S.L., Rasulgarh, Bhubaneswar for examination.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 11.10.2020 and he has been
charge sheeted under sections 363/366/376(2)(n) of the Indian Penal Code read with section 6 of the POCSO Act and after going through the 164
Cr.P.C. statement of the victim placed by the learned counsel for the State and other materials available on record, I am inclined to release the
petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent
sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may
deem just and proper.
The BLAPL is accordingly disposed of.
As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order
available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide
Court’s Notice No. 4587 dated 25th March 2020 as modified by Court’s Notice No. 4798 dated 15th April 2021.